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Time is Running Out: Kentucky’s Statutes of Limitations Explained

Kentucky Civil and Criminal Statutes of Limitations: What You Need to Know

Are you familiar with the statute of limitations in Kentucky for civil and criminal cases? If you are not, this article will help you understand the limitations and deadlines for both types of cases.

Kentucky Civil Statute of Limitations

The statute of limitations is a legal time limit within which a person can file a civil lawsuit. After the expiration of the deadline, the right to sue will be lost.

Every state has different limitations on the types of legal cases a person can file, and in Kentucky, the time limits depend on the type of civil case.

Limitations and Deadlines for Civil Actions

In Kentucky, the limitations and deadlines for civil actions include:

1. Personal Injury

The statute of limitations for personal injury is one year from the date of the injury.

This means that if a person sustains an injury because of the negligence of another party, they must file a lawsuit within one year of the event.

2.

Libel or Slander

The statute of limitations for libel or slander is one year from the date of the alleged defamatory statement. 3.

Fraud

The statute of limitations for fraud is five years from the date of the fraud or two years after the fraud is discovered, whichever is later. 4.

Professional Malpractice

The statute of limitations for professional malpractice is one year from the date of the malpractice or discovery of the malpractice. 5.

Trespass

The statute of limitations for trespass is one year from the date of the trespass. 6.

Contracts

The statute of limitations for oral and written contracts is five years from the date of the breach, or when the breach should have been discovered. 7.

Debt Collection

The statute of limitations for debt collection is five years from the last payment made on the account.

8.

Judgments

The statute of limitations for judgments is 15 years from the date the judgment is entered.

Types of Civil Cases and Procedures

In Kentucky, some of the common types of civil cases and procedures include:

1. Personal Injury Cases

Personal injury cases include anything from car accidents and slip and falls to medical malpractice and product liability.

The plaintiff must show that the defendant breached their duty of care and caused the injury. 2.

Libel/Slander

Libel/slander cases involve false and negative statements made against the plaintiff’s character or reputation. 3.

Fraud

Fraud cases involve deception or misrepresentation with the intent to cause harm or loss. 4.

Professional Malpractice

Professional malpractice cases involve negligence or misconduct on the part of a licensed professional, such as a doctor, lawyer, or accountant. 5.

Trespass

Trespass cases involve someone entering or remaining on another person’s property without permission. 6.

Contracts

Contract cases include disputes involving the terms, conditions, and obligations of contractual agreements. 7.

Debt Collection

Debt collection cases occur when creditors take legal action to recover unpaid debts from individuals or businesses. 8.

Judgments

Judgment cases involve court-ordered payments resulting from a previous lawsuit.

Kentucky Criminal Statute of Limitations

In Kentucky, there are zero time limitations for the prosecution of felony crimes. This means that if a person commits a felony crime, they can be prosecuted for that crime regardless of how long ago the crime occurred.

Zero Statute of Limitations for Felonies

The zero statute of limitations for felonies means that if a person committed a serious crime, the prosecutor can wait an indefinite length of time to file charges, even decades after the event has happened.

One-Year Limitation for Misdemeanors and Violations

For misdemeanors and violations, the statute of limitations is one year from the date of the alleged offense.

Conclusion

In Kentucky, the statute of limitations depends on the type of civil case and whether the case is a misdemeanor, violation or felony. It is important to remember that if you do not file a lawsuit or criminal charges within the appropriate time frame, you will lose your right to do so.

It is always a good idea to speak with an experienced attorney to understand your legal rights and options. In Kentucky, the statute of limitations for civil and criminal cases is crucial to understand.

Civil cases have different limitations and deadlines based on the type of case and can range from one year to fifteen years, and criminal cases have no limitations for felony crimes and one year for misdemeanors and violations. It is essential to file a lawsuit or criminal charges within the appropriate time frame or risk losing the right to do so.

Consulting an experienced lawyer can help you understand your legal rights and options.

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